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Civil procedure

new trial

A motion for new trial is a procedure that allows the trial court to order a new trial to correct significant errors in the previous trial that prevented a party from receiving a fair trial.

In Massachusetts, a motion for a new trial is governed by Massachusetts Rules of Criminal Procedure Rule 30, and Massachusetts Rules of Civil Procedure Rule 59. These rules allow a party to request a new trial if they believe that there were significant errors or issues during the original trial that resulted in an unfair trial. The motion must typically be filed within a certain time frame after the verdict or decision, which is usually 10 days in civil cases. The party must demonstrate that the errors affected their rights and that a new trial would likely result in a different outcome. Grounds for a new trial can include, but are not limited to, legal errors by the court, newly discovered evidence, misconduct by jurors or parties, or an error in the instructions to the jury. The decision to grant a new trial is at the discretion of the trial court, and if granted, the case is reheard as if the original trial had not occurred. Appeals from the denial of a motion for a new trial are also possible and are reviewed by appellate courts.

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Civil procedure

new trial

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Civil procedure

new trial

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